The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

Contracts 62

Contracts Designs Design Copyright Law 62

Kluwer Copyright Blog

JANUARY 5, 2023

It is a common practice to make copies of deteriorating or far away cultural heritage. As of 2022, it is not even a new idea to use digital methods to copy heritage, considering that the mass digitisation of cultural heritage, especially books, started more than two decades ago. Photo by awsloley via Pixabay.

Copying 67

Copying Copyright Ownership Intellectual Property 67

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. Photo by Markus Spiske on Unsplash. We started this rubric in the beginning of 2021. CJEU judgments. Top System SA, C-13/20.

Copyright Law 116

Copyright Law Copyright Law Reporting 116

TorrentFreak

JANUARY 22, 2023

Harmonization With EU Copyright Law Under the EU-Moldova Association Agreement of 2014, Moldova was required to reform copyright law to meet EU standards. Amadassor to Moldova, and the European Union, a closed government discussion on July 27 led to Moldova’s new copyright law being passed by parliament a day later.

Copyright Law 117

Copyright Law Music Law Copyright 117

Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

People have become less dependent on print media and more likely to use a digital medium such as computerized documents of soft copies. Given the fact that the copyright law was originally framed to protect literary and artistic works, it needs to be seen how much the law has evolved to grant protection to digitalized works.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

Michael Geist

JULY 20, 2022

For much of the past two decades, copyright groups have steadfastly sought to deny what the Supreme Court of Canada has repeatedly endorsed, namely that the purpose of Canadian copyright law is to serve the public interest by balancing users’ and authors’ rights. ” The decision – SOCAN v. 339, at para.

Copyright Law 137

Copyright Law Copyright Law Music 137

Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”? Image by Sang Hyun Cho from Pixabay.

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Publishing Music Copyright Law Marketing 97

SpicyIP

JANUARY 3, 2024

Shivam is a 2020 law graduate from Benaras Hindu University and is a former law researcher at the Delhi High Court. AI Image generated by Shivam, using Gencraft Copyright Bill, 1955: the Best Copyright Law that India Never Had By Shivam Kaushik Seen from Nehru’s eyes , Indian independence was a ‘tryst’ with destiny.

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Copyright Law Copyright Law Registration 69

The IPKat

NOVEMBER 30, 2023

The GUIs at issue in THJ What does originality in copyright law mean? Recently, it was tackled once more by the Court of Appeal of England and Wales in a case – THJ v Sheridan [2023] EWCA Civ 1354 – concerning copyright protection of graphic user interfaces (GUIs). This is an evergreen – yet still vexed – question.

Copyright Law 97

Copyright Law Copyright Law Copying 97

Velocity of Content

OCTOBER 20, 2021

But, as an article in MIT Technology Review points out , ML is the brains behind “recommendation systems like those on Netflix, YouTube, and Spotify; search engines like Google and Baidu; social-media feeds like Facebook and Twitter; voice assistants like Siri and Alexa.” That is quite a mouthful and may not sound very exciting.

Copyright Law 105

Copyright Law Copyright Social Media Law 105

The IPKat

OCTOBER 1, 2022

Here’s what Felicia writes: Archival Authenticity or Iconic Copies? It also suggests that copying might have some effect on our understanding of what is and is not iconic. copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted.

Copying 97

Copying IP Copyright Law Designs 97

Kluwer Copyright Blog

JULY 15, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy (also known as the blank media tax or levy). Part II looks at the compliance of the draft changes with EU law. million Euro.

Copying 56

Copying Law Related Rights Copyright Law 56

Kluwer Copyright Blog

JULY 19, 2023

The court found that Le Monde’s font is original Article L112-1 of the French Intellectual Property Code (‘IPC’) provides that copyright law protects ‘the rights of authors in all works of the mind, whatever their kind, form of expression, merit or purpose’, without giving a definition of originality.

Copying 52

Copying Copyright Infringement Copyright Law Copyright 52

Kluwer Copyright Blog

JUNE 29, 2023

Photo by Markus Spiske on Unsplash Welcome to the second trimester of the 2023 round up of EU copyright law! In this series, every three months we update you on what has happened in EU copyright law. You can read the previous round-ups here. For a blog post detailing the hearing before the court see here.

Copyright Law 60

Copyright Law Law Copyright Publishing 60

Kluwer Copyright Blog

JULY 16, 2021

The Polish Ministry of Culture has announced draft changes to the Polish copyright law on the collection and division of the private copying levy. The draft law on the rights of professional artists will significantly change how the private copying levy system has been functioning in Poland so far.

Copying 52

Copying Law Copyright Law Copyright 52

Kluwer Copyright Blog

DECEMBER 8, 2021

Even though that Court’s judgment was very specific to the V-Cast service, it left room, arguing a contrario and subject to certain conditions, to consider the mere provision of Cloud storage services of audio-visual content, with reproductions made on individual requests of end-users, to be covered by the private copying exception.

Copying 60

Copying Copyright Law Copyright Law 60

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

Kluwer Copyright Blog

APRIL 28, 2022

Judge-rapporteur Marko Ilešic delivering the judgment in Case C-401/19 (Copyright European Union via Europe by Satellite – [link] ). Article 17 is here to stay, but most national implementations fail to meet the fundamental rights standards developed by the Court in its judgment.

Copyright 109

Copyright Law Intellectual Property Law Public Domain 109

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

Copyright Law 69

Copyright Law Copyright Law Copyright Infringement 69

Kluwer Copyright Blog

FEBRUARY 28, 2024

Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. As in the present context, the initial concern of copyright holders was that their consent had not been acquired by Google prior to scanning their works.

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Fair Use 52

Kluwer Copyright Blog

APRIL 5, 2022

Welcome to the first trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. 2022 promises to be another year full of copyright developments. Photo by Markus Spiske on Unsplash. We started this rubric back in 2021.

Copyright Law 60

Copyright Law Copyright Law Music 60

Kluwer Copyright Blog

MARCH 13, 2023

Pastiche is one of the newer harmonized user rights in EU copyright law. The exception for caricature, parody and pastiche was made mandatory as part of Article 17 of the Copyright in the Digital Single Market Directive (CDSMD) in 2019. To fill this gap, German fundamental rights NGO Gesellschaft für Freiheitsrechte e.V.

Copyright Law 60

Copyright Law Copyright Law Music 60

The IPKat

APRIL 15, 2024

The prompt used by the claimant in this case had been: “ Create a visual representation of two parties signing a business contract in a formal setting, such as a conference room or a law firm office in Prague. The defendant, a local law firm, subsequently copied the Image and used it on its own website (presumably, to prove a point?).

Copyright 145

Copyright Copying Copyright Infringement Contracts 145

Kluwer Copyright Blog

JULY 7, 2022

Welcome to the second trimester of the 2022 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. Polish challenge of Article 17 CDSM, C-401/19. This is perhaps one of the most awaited judgemnts in the history of EU copyright law.

Copyright Law 52

Copyright Law Copyright Law Publishing 52

Kluwer Copyright Blog

JULY 27, 2022

Against this background, the European Copyright Society (ECS) issued on May 2022 a comment addressing selected aspects of the implementation of the new mandatory exceptions of Articles 3 to 7 of the Directive (drafted by Jonathan Griffiths, Tatiana Synodinou and Raquel Xalabarder).

Copyright 98

Copyright Marketing Marketing Copyright Law 98

The IPKat

DECEMBER 21, 2021

This review of Exceptions in EU Copyright Law: In Search of a Balance Between Flexibility and Legal Certainty by Tito Rendas, is brought to you by the Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of England and Wales. He also considers Article 5(5) and the way in which the CJEU has interpreted these provisions.

Copyright Law 113

Copyright Law Law Copyright Fair Use 113

Kluwer Copyright Blog

APRIL 20, 2022

As promised in an earlier contribution , I will provide a more reasoned exploration of the Swedish proposal to Article 17 DSM Directive in view of the fact that the Ministry of Justice did not opt for the copy-paste implementation technique. 1. Hors d’oeuvre: deconstructed Article 17 served on traditional copyright law principles.

Copyright 67

Copyright Government Law Intellectual Property Law 67

The IPKat

JANUARY 31, 2022

Under article 8(1) of the Enforcement Directive (Directive 2004/48/EC) a claimant in infringement proceedings can request a court to order certain parties to disclose information. TB alleged that Castorama Polska sold exact and near identical copies of the images, which had been supplied to them by Knor. One image is depicted below.

Intellectual Property 97

Intellectual Property Cease and Desist IP Copyright 97

IP Watchdog

AUGUST 22, 2021

This time, however, WPL’s arguments pose grave dangers to all owners of other copyrighted works. WPL did not try to compete with SAS by building a different or better product.

Copyright Law 125

Copyright Law Copyright Law Copying 125

The IPKat

MARCH 13, 2022

Kat- quotation There is little doubt that one of the most (if not the most) significant exceptions in copyright law is the one relating to quotation, criticism or review. All this is testimony to the importance of this copyright exception. All this is testimony to the importance of this copyright exception.

Copyright Law 103

Copyright Law Copyright Law Artwork 103

Velocity of Content

JANUARY 9, 2024

Ignoring Copyright is Risky Business Research in the life sciences depends in part on the ability to acquire and share scientific information, particularly journal articles, in a timely manner. When an article is purchased for download, it is typically only authorized for the use of the individual user who purchased it.

Copyright 98

Copyright Journalism Licensing Copyright Infringement 98

Kluwer Copyright Blog

NOVEMBER 16, 2023

Photo by Udo Pohlmann via Pixabay Over the last decades, European lawyers got used to the – at times remarkable and even forceful – interventions of the Court of Justice of the EU (CJEU) in copyright law. Copyright as Protected Possessions Article 1 of Protocol 1 protects “the right to peaceful enjoyment of possession”.

Copyright 91

Copyright Copying Copyright Law Marketing 91

IP Law 360

MARCH 20, 2023

copyright laws in a suit accusing it of copying more than a hundred Wall Street Journal, MarketWatch and Mansion Global articles without paying for them. A New York federal judge has ruled that a Chinese real estate listing website's use of Amazon's web servers is enough to force it to face claims that it broke U.S.

Journalism 75

Journalism Copyright Law Copying IP 75

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright 138

Copyright Fair Use Copyright Law Law 138

Kluwer Copyright Blog

DECEMBER 1, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. This included the highly controversial Articles 15 and 17 on, respectively, the new press publishers’ right (PPR) and the new copyright liability scheme for OCSSPs (“online content-sharing services providers”). Exclusive rights.

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Reporting Marketing Marketing Copyright 52

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52